In the Interest of Thomas

626 A.2d 150, 533 Pa. 572, 1993 Pa. LEXIS 139
CourtSupreme Court of Pennsylvania
DecidedJune 2, 1993
Docket165 E.D. Appeal Docket 1991
StatusPublished
Cited by10 cases

This text of 626 A.2d 150 (In the Interest of Thomas) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In the Interest of Thomas, 626 A.2d 150, 533 Pa. 572, 1993 Pa. LEXIS 139 (Pa. 1993).

Opinions

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

LARSEN, Justice.

On May 8,1990, appellant Gregory Thomas was adjudicated delinquent of carrying a firearm without a license and carrying a firearm on public property in Philadelphia. Appellant was 16 years old at the time of the offenses, and the court ordered him to remain as committed to the Sleighton School, a juvenile commitment facility. Appellant filed post-verdict motions, which the court denied, and then filed a timely notice of appeal in the Superior Court. While his appeal was pending in the Superior Court, appellant escaped from the Sleighton School on June 22, 1990. The trial court then issued a bench warrant for appellant’s arrest. Approximately four months after appellant’s escape, the Commonwealth filed in the Superior Court an application to quash appellant’s appeal pursuant to Pa.R.A.P. 1972(e).1

[575]*575On November 25, 1990, appellant was arrested on new charges of carrying a prohibited weapon. Shortly thereafter, on December 3, 1990, appellant filed a motion to dismiss the Commonwealth’s application to quash asserting that the factual basis for the application to quash no longer existed because appellant was now in custody.

On March 5, 1991, the Superior Court issued a per curiam order granting the motion to quash appellant’s appeal. The Superior Court did not specify the grounds for granting the motion; however, the only basis for quashing the appeal advanced by the Commonwealth was appellant’s escape from custody after appellate proceedings had commenced. On April 25, 1991, the Superior Court per curiam denied appellant’s motion for reconsideration.

Appellant seeks review of the order of the Superior Court quashing his appeal from the adjudication of delinquency and commitment order entered by the Philadelphia Court of Common Pleas. The sole issue presented for our review is whether appellant, as a juvenile, forfeited his right to appellate review by virtue of his having been a fugitive from justice.

Appellant argues that his brief fugitive status during a non-critical stage of the appellate process does not justify the violation of his constitutional right of appeal. The right of appeal is guaranteed by Article 5, § 9 of our state constitution, which provides inter alia:

There shall be a right of appeal in all cases to a court of record from a court not of record; and there shall also be a right of appeal from a court of record or from an administrative agency to a court of record or to an appellate court....

Pa. Const. Art. 5, § 9. However, this Court has held that “the right to appeal is conditioned upon compliance with the procedures established by this Court, and a defendant who deliberately chooses to bypass the orderly procedures afforded one convicted of a crime for challenging his conviction is bound by the consequences of his decision.” Commonwealth v. Jones, [576]*576530 Pa. 536, 539, 610 A.2d 439, 440 (1992); Commonwealth v. Passaro, 504 Pa. 611, 614, 476 A.2d 346, 348 (1984); see Commonwealth v. Coleman, 458 Pa. 324, 327 A.2d 77 (1974) and Commonwealth v. Wallace, 427 Pa. 110, 233 A.2d 218 (1967).

This Court has held that one such consequence of a defendant’s decision to become a fugitive during the appellate process is the forfeiture of his appellate rights. In Passaro, the defendant, like appellant here, escaped while his appeal was pending in Superior Court. In that case, the Superior Court granted the Commonwealth’s motion to quash the appeal, and the defendant was later returned to custody. He filed a petition to reinstate his appeal, but the Superior Court denied it. The defendant then filed a similar petition in this Court. In denying the petition, this Court stated that:

... a defendant’s resort to escape constitutes a flagrant and deliberate bypass of the entire judicial process. The escape of a convicted defendant from confinement may properly be considered a rejection of the legitimate means afforded the defendant for challenging his conviction and imprisonment. Thus, by choosing to flee and live as a fugitive, a defendant forfeits the right to have his claims considered.

Id. 504 Pa. at 615-616, 476 A.2d at 349.

Since our decision in Passaro, this Court has again and again held that a defendant forfeits his appellate rights by choosing to bypass proper judicial procedures and flee from justice. Most recently, this Court has reaffirmed Passaro in Commonwealth v. Judge, 530 Pa. 403, 609 A.2d 785 (1992) and Commonwealth v. Jones, 530 Pa. 536, 610 A.2d 439 (1992). In Judge, a capital defendant escaped two days after being sentenced to death and was never returned to custody in Pennsylvania. The defendant, nevertheless, filed a pro se notice of appeal while still a fugitive. This court stated that a defendant who chooses to escape from custody forfeits his right to appellate review and that “there is nothing in the broad language of [Passaro ] that limits its holding to a non-capital defendant.” Id. 530 Pa. at 786, 609 A.2d at 786.

[577]*577In Jones, the defendant fled during jury selection and was recaptured while his appeal was pending. On appeal, the Superior Court granted defendant a new trial. The Commonwealth then filed a petition for reargument, which the court granted. An en bane panel of the Superior Court sua sponte quashed the defendant’s appeal because of his flight from justice. In affirming the decision of the en banc panel of the Superior Court, this Court held that:

A defendant’s voluntary escape acts as a per se forfeiture of his right of appeal, where the defendant is a fugitive at any time after post-trial proceedings commence. Such a forfeiture is irrevocable and continues despite the defendant’s capture or voluntary return to custody.

Id. 530 Pa. at 540, 610 A.2d at 441. Thus, appellant herein has forfeited his right to appellate review by virtue of the fact that he escaped while his appeal was pending.

Appellant, however, argues that because he is a juvenile and the law adopts a protective posture with respect to juveniles, dealing with them as parens patriae, the appeal of a juvenile should not be dismissed under any circumstances. We disagree.

The Juvenile Act, 42 Pa.C.S. § 6301 et seq., does not provide for a right of appeal. In the Interest of McDonough, 287 Pa.Super. 326, 332, 430 A.2d 308, 312 (1981). Thus, by failing to provide for a right of appeal or an appellate process in the Juvenile Act, the legislature has chosen not to shield juveniles from the consequences of their delinquent acts once the juveniles have been adjudicated.

Juveniles are, however, afforded a right of appeal by our state constitution. Article 5, § 9 provides

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In the Interest of Thomas
626 A.2d 150 (Supreme Court of Pennsylvania, 1993)

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Bluebook (online)
626 A.2d 150, 533 Pa. 572, 1993 Pa. LEXIS 139, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-thomas-pa-1993.